IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION No.13810/2016(GM-FC) BETWEEN:
SRI.C.R. RAMESH, S/O. MR. K.S. RAMASANJEEVAIAH, AGED ABOUT 59 YEARS, 206, EMAAR BUSINESS PARK – 4, SHEIK ZAYED ROAD, DUBAI, UAE, P.O. BAX 38455 REPRESENTED BY HIS GPA HOLDER SRI. Y.K.ANANTHA RAO, S/O.LATE Y.K. NAGABHUSHANA RAO, AGED ABOUT 63 YEARS, R/AT # 136, J S DINNE, J.P. NAGAR, 8TH PHASE, BANGALORE – 560 076.
(BY SMT.VANITA K.R., ADV.) AND:
SMT.SUJAYA KUMARI, W/O.C.R.RAMESH, AGED ABOUT 50 YEARS, R/AT 25, 1ST MAIN, 6TH BLOCK, BEL LAYOUT, VIDYARANYAPURA, BANGALORE – 560 097.
(BY SRI. N. JAYAVELU, ADV.) ... PETITIONER ... RESPONDENT THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE ORDER DATED 19.12.2015 IN M.C. NO.1766/2013 PASSED BY THE LEARNED II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE VIDE ANNEXURE `E’.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN `B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is before this Court assailing the order dated 19.12.2015 passed in M.C.No.1766/2013.
2. The petitioner is the husband of the respondent.
The relationship between the parties is not in dispute. The respondent herein has filed a petition in M.C.No.1766/2013 as there were certain marital disputes between the parties. In the pending proceedings, the respondent herein also filed an application under Section 24 of the Hindu Marriage Act seeking grant of maintenance. The Court below through the order impugned dated 19.12.2015 has ordered interim maintenance of Rs.15,000/- per month. The petitioner claiming to be aggrieved is before this Court in this petition.
3. The nature of the proceedings herein would indicate that this Court at the first instance while directing notice on 16.03.2016 did not find it necessary to stay the payment of Rs.15,000/- per month as ordered by the Court below. On the other hand this Court had directed that the same shall be paid every month during the pendency of this petition. The order dated 23.06.2016 would disclose that the monthly maintenance of Rs.15,000/- as ordered was paid before this Court. Hence, what arises for consideration at this point is with regard to whether such quantum of maintenance as ordered is justified and if that be the position, the arrears of maintenance from the date of the application till the date from which the maintenance was paid during the pendency of this petition is required to be ordered. In that regard what is necessary to be taken note is with regard to the quantum as assessed by the Court below.
4. In that regard, as already noticed, there is no dispute with regard to the relationship between the parties. The contention which was put forth by the respondent herein before the Court below is that the petitioner herein being employed in the United Arab Emirates (UAE) is earning more than Rs. 2 lakhs to 3 lakhs per month. From the very cause-title as shown in the petition before the Court below as also in the instant petition, the address of the petitioner would indicate that the petitioner in fact is at UAE. The fact that he is residing therein for the purpose of employment is not disputed. Though the Court below while taking note of the income as claimed has kept in view the nature of the employment and the fact that the petitioner herein has not brought anything on record, the fact remains that even in this petition, the petitioner has not made any attempt to establish that the income as indicated by the Court below is not the proper income of the petitioner.
5. If that be the position, keeping in view the volume of income of the petitioner, the quantum of maintenance as ordered in any event cannot be considered as excessive. Therefore, the order impugned does not call for interference. Since as already noticed the monthly maintenance from the date of the application being ordered to be paid at the same quantum as directed by the Court below and since only the arrears are required to be paid, the petitioner is granted two months to pay the arrears to the respondent. In all respects, the maintenance as ordered by the Court below shall continue to be paid.
The petition is disposed of accordingly.
Sd/- JUDGE akc/bms